By Brett W. Johnson and T. Troy Galan
In a continued theme of increased enforcement of export controls, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce released a memorandum that announced a stricter Administrative Enforcement Program. This is particularly relevant as the war in Ukraine continues, the ensuing sanctions packages are only enhanced – especially combined with export sanctions by other countries. Notably, the enhanced penalties and related policy changes announced by the June 30 BIS memorandum apply not only to Russia and Belarus, but to the entire U.S. export controls regime. Companies should be aware of the BIS guidance and the heightened enforcement environment due to ongoing national security threats precipitated by illicit acquisition of U.S. technology.